Privileged Information. Each party shall (and shall cause the members ---------------------- of its Group to) use its reasonable efforts to maintain, preserve, protect and assert all privileges against disclosure (including the attorney-client privilege, the attorney work product privilege and the self-evaluation privilege) that apply to any Books and Records or other information of any member of any other Group relating to any period before the Distribution Date ("Privilege" or "Privileges"). Each party shall use its reasonable efforts not to waive (or permit any member of its Group to waive) any such Privilege that could be asserted under applicable Law without the prior written consent of the other party or parties having the right to assert or waive such Privilege pursuant to this Section. HCS shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of any and all Privileges which relate primarily to the Health Care Systems Business or to Health Care Systems Liabilities; SEB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Semiconductor Equipment Business or to Semiconductor Equipment Liabilities; and IB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Instruments Business or to Instruments Liabilities.
Appears in 2 contracts
Samples: Distribution Agreement (Varian Inc), Distribution Agreement (Varian Associates Inc /De/)
Privileged Information. Each party of the parties hereto shall (and shall cause the members ---------------------- of its Group to) use its take all reasonable efforts action as is necessary to maintain, preserve, protect and assert assert, or cause to be maintained, preserved, protected and asserted, all privileges, including, without limitation, all privileges against disclosure (including arising under or relating to the attorney-client privilegerelationship (including, but not limited to, the attorney-client and attorney work product privilege and privileges), that relate directly or indirectly to the self-evaluation privilege) that apply to any Books and Records or other information of any member business of any other Group relating to for any period before prior to the Distribution Date ("Privilege" or "Privileges"). Columbia/HCA shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of any and all Privileges which relate primarily to the Columbia/HCA Liabilities; LifePoint shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the LifePoint Liabilities; and Triad shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the Triad Liabilities. Each party of the parties hereto shall use the same degree of care as it would use with respect to its reasonable efforts own Privileges, so as not to waive (waive, or permit any member of its Group to waive) be waived, any such Privilege that could be asserted under applicable Law without the prior written consent of the other party or parties having the right to assert or waive such Privilege pursuant to this SectionSection 9.6(a). HCS shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of any and all Privileges which relate primarily to the Health Care Systems Business or to Health Care Systems Liabilities; SEB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Semiconductor Equipment Business or to Semiconductor Equipment Liabilities; and IB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Instruments Business or to Instruments Liabilities.--------------
Appears in 2 contracts
Samples: Distribution Agreement (Triad Hospitals LLC), Distribution Agreement (Lifepoint Hospitals LLC)
Privileged Information. Each party of the parties hereto shall (and shall cause the members ---------------------- of its Group to) use its reasonable efforts action as is necessary to maintain, preserve, protect and assert assert, or cause to be maintained, preserved, protected and asserted, all privileges, including, without limitation, all privileges against disclosure (including arising under or relating to the attorney-client privilegerelationship (including, but not limited to, the attorney-client and attorney work product privilege and privileges), that relate directly or indirectly to the self-evaluation privilege) that apply to any Books and Records or other information of any member business of any other Group relating to for any period before prior to the Distribution Date ("Privilege" or "Privileges"). Columbia/HCA shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of any and all Privileges which relate primarily to the Columbia/HCA Liabilities or the Indemnified Matters; LifePoint shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the LifePoint Liabilities; and Triad shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the Triad Liabilities. Each party of the parties hereto shall use the same degree of care as it would use with respect to its reasonable efforts own Privileges, so as not to waive (waive, or permit any member of its Group to waive) be waived, any such Privilege that could be asserted under applicable Law without the prior written consent of the other party or parties having the right to assert or waive such Privilege pursuant to this SectionSection 9.6(a). HCS shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of any and all Privileges which relate primarily to the Health Care Systems Business or to Health Care Systems Liabilities; SEB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Semiconductor Equipment Business or to Semiconductor Equipment Liabilities; and IB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Instruments Business or to Instruments Liabilities.--------------
Appears in 1 contract
Privileged Information. Each party shall (and shall cause the ---------------------- members ---------------------- of its Group to) use its reasonable efforts to maintain, preserve, protect and assert all privileges against disclosure (including the attorney-attorney- client privilege, the attorney work product privilege and the self-evaluation privilege) that apply to any Books and Records or other information of any member of any other Group relating to any period before the Distribution Date ("Privilege" or "Privileges"). Each party shall use its reasonable efforts not to waive (or permit any member of its Group to waive) any such Privilege that could be asserted under applicable Law without the prior written consent of the other party or parties having the right to assert or waive such Privilege pursuant to this Section. HCS shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of any and all Privileges which relate primarily to the Health Care Systems Business or to Health Care Systems Liabilities; SEB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Semiconductor Equipment Business or to Semiconductor Equipment Liabilities; and IB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Instruments Business or to Instruments Liabilities.
Appears in 1 contract
Samples: Distribution Agreement (Varian Inc)